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SEC v W.R. GRACE & CO Click to find out why . . .



Keywords & Phrases
CaseNo: 34-41578, Defendant: W.R. Grace & Co.;, Plaintiff: SEC, State: OR Oregon, UniqueCaseRef: SEC>34-41578, Grace, Reports, Health Care, Nmc, Senior Management, Excess Reserves, Relevant Period, Former Grace, Commission, Exchange Act, Earnings, Materiality, Growth Rates, Health Care Group, Accounting, Financial Statements, Respondent, Securities, Misleading, Materially False, Controls, Income, Pursuant, Filings, Transactions, Conformity, Vice President, Teleconferences, Gaap, Violations , ContentID: 120244854

Case Documents
1 1999-06-30 SEC ADMINISTRATIVE PROCEEDING
[ see first page and extracted highlights below  ] ItemID: 111590
9 pages
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Total Documents: 1 document , 9 pages
Price: $ 19.95


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1 . SEC ADMINISTRATIVE PROCEEDING

EXTRACTED KEY WORDS
REPORTS
HEALTH CARE
NMC
SENIOR MANAGEMENT
EXCESS RESERVES
RELEVANT PERIOD
FORMER GRACE
COMMISSION
EXCHANGE ACT
EARNINGS
MATERIALITY
GROWTH RATES
HEALTH CARE GROUP
ACCOUNTING
FINANCIAL STATEMENTS
RESPONDENT
SECURITIES
MISLEADING
MATERIALLY FALSE
CONTROLS
INCOME
PURSUANT
FILINGS
TRANSACTIONS
CONFORMITY
VICE PRESIDENT
TELECONFERENCES
GAAP
VIOLATIONS
UNITED STATES OF AMERICA
Before the
SECURITIES AND EXCHANGE COMMISSION

   SECURITIES EXCHANGE ACT OF 1934
   Release No. 41578 / June 30, 1999

   ACCOUNTING AND AUDITING ENFORCEMENT
   Release No. 1140 / June 30, 1999

   ADMINISTRATIVE PROCEEDING
   File No. 3-9926

   In the Matter of

   W. R. Grace & Co.,
   Respondent.
   ORDER INSTITUTING PUBLIC
   ADMINISTRATIVE PROCEEDINGS
   PURSUANT TO SECTION 21C OF THE
   SECURITIES EXCHANGE ACT OF
   1934, MAKING FINDINGS, AND
   IMPOSING CEASE-AND-DESIST
   ORDER

   I.

   The Securities and Exchange Commission ("Commission") deems it
   appropriate to institute public administrative proceedings pursuant to
   Section 21C of the Securities Exchange Act of 1934 ("Exchange Act")
   against W. R. Grace & Co. ("Respondent").

   II.

   In anticipation of the institution of these administrative
   proceedings, Respondent has submitted an Offer of Settlement which the
   Commission has determined to accept. Solely for the purpose of these
   proceedings and any other proceedings brought by or on behalf of the
   Commission, or to which the Commission is a party, and without
   admitting or denying the findings herein, except as to the
   Commission's jurisdiction over it and the subject matter of the
   proceeding, which are admitted, Respondent consents to the entry of
   this Order Instituting Public Administrative Proceedings Pursuant to
   Section 21C of the Securities Exchange Act of 1934, Making Findings,
   and Imposing Cease-And-Desist Order ("Order").

   Accordingly, it is ordered that proceedings pursuant to Section 21C of
   the Exchange Act be, and hereby are, instituted.
SNIPPETS:
  • SECURITIES AND EXCHANGE COMMISSION
  • ORDER INSTITUTING PUBLIC ADMINISTRATIVE PROCEEDINGS PURSUANT TO SECTION 21C OF THE SECURITIES
  • The Securities and Exchange Commission deems it appropriate to institute public
  • In anticipation of the institution of these administrative proceedings, Respondent has
  • During the relevant period, Grace's businesses included, among other things, packaging,
  • During the relevant period, NMC was wholly owned by Grace and was not publicly-traded, and it
  • During the relevant period, NMC comprised the bulk of Grace's Health Care Group, which group
  • The Health Care Group contributed a significant portion of the consolidated pre-tax earnings
  • "Former Grace senior management," as used herein, refers to individuals who filled the
  • During the relevant period, and prior to the restructuring that resulted in the formation of
  • As a result of this fraudulent activity, Grace FL made materially false filings with the SEC,
  • At the direction and/or with the knowledge of former Grace and NMC senior management, Grace
  • Creation and Amount of the Excess Reserves
  • There were no probable and reasonably estimable exposures to justify the excess reserves;
  • Former Grace senior management believed that Grace would not be credited by the investing
  • another factor affecting materiality is that it was former Grace and NMC management that was
  • Because Grace, at the direction of former Grace and NMC senior management, maintained excess
  • Violations of Antifraud Provisions of the Federal Securities Laws
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